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Home My WebLink About04-0778 F: IFI LES\DA T AFI LEIDickinson College 76 ] 9\Dick insonColkgeColltctions7619CICurreJ1t\29-com2 wpd Created: 6/1J!03J'OOPM Revised 2/20/040:46PM 7619c,.29 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 041T~ C,.'I I CIVIL ACTION-LAW DICKlNSON COLLEGE, Plaintiff DEBORAH LAMBROS and STEPHEN W. LAMBROS, Defendants JURY TRIAL OF TWELVE DEMANDED NOTICE You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Dated: February 20, 2004 MARTSON DE RFF WILLIAMS & OTTO B~ David R, Galloway 1. D, Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, CIVIL ACTION. LAW DEBORAH LAMBROS and STEPHEN W, LAMBROS, Defendants JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff, Dickinson College, by and through its attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: I, Plaintiff Dickinson College (hereinafter "Dickinson") is a Pennsylvania educational institution with its principal offices located in Carlisle, Cumberland County, Pennsylvania 17013, 2. Defendant, Deborah Lambros (hereinafter "Grandparent"), is an adult individual whose last known address is 111 Montieth Ave" West Lawn, Berks County, Pennsylvania. 3, Defendant, Stephen W. Lambros (hereinafter"Student"), is an adult individual whose last known address is 446 W. Mission, #325, San Marcos, CA 92069-6536, COUNT I BREACH OF CONTRACT Dickinson ColIej:e v, Stephen W. Lambros 4, Student is currently or was recently enrolled at Dickinson. 5, On or about August 31, 1998, Student entered into a Promissory Note - Federal Perkins Loan Program (Note #1) with Dickinson for the financing of $2,000,00 plus interest and costs by Student, for educational services and benefits at Dickinson, A copy of Note #1 is attached hereto as Exhibit "A," 6. On or about April 2, 1999, Student entered into an additional Promissory Note. Federal Perkins Loan Program (Note #2) with Dickinson for the financing of$1 ,000.00 plus interest and costs by Student, for educational services and benefits at Dickinson, A copy of Note #2 is attached hereto as Exhibit "B," 7, On or about October 8,1999, Student entered into an additional Promissory Note- Federal Perkins Loan Program (Note #3) with Dickinson for the financing of$2,500,OO plus interest and costs by Student, for educational services and benefits at Dickinson, A copy of Note #3 is attached hereto as Exhibit "C," 8. On or about October 19, 1998, Student entered into an additional Promissory Note (Note #4) with Dickinson for the financing of$5,000,OO, plus interest, for educational services and benefits at Dickinson. A copy of Note #4 is attached hereto as Exhibit "D," 9, On or about April 4, 2000, Student entered into an additional Promissory Note (Note #5) with Dickinson to for the financing of $3,740,00, plus interest, for educational services and benefits at Dickinson, A copy of Note #5 is attached hereto as Exhibit "E." 10, Note #1, Note #2, and Note #3 are funds created under Part E of Title IV of the Higher Education Act of 1965 as amended, (hereinafter the "Act") and are subject to the Act and the Federal Regulations issued under the Act. 11, As provided in the Act, Dickinson acts in a fiduciary capacity in the handling, disbursing and collecting of funds associated with the programs under the Act. 12, The total collective outstanding principal balance for Note # I, Note #2, Note #3, Note #4, and Note #5 is $14,240.00, 13, Note #1, Note #2, Note #3, Note #4, and Note #5 grant Dickinson reasonable attorney and collection fees which Dickinson has calculated to be $2,136,00, 14. As of February 13, 2004, the outstanding balance due and payable by Student to Dickinson was $15,640.41 plus interest accruing thereafter at $2,07 per day, attorney and collection fees in the amount of $2,136.00 and costs of suit. 15, The outstanding balance of$15,640,41 represents the total and actual overdue of the financing provided to Sludent under Note #1, Note #2, Note #3, Note #4, and Note #5 for which Student has yet to pay. 16. Student breached the expressed and implied obligations, conditions and terms of agreement of Note # 1, Note#2, Note #3, Note #4 and Note #5 by failing to pay the amounts financed therein, 17, Dickinson fulfilled, perfonned and complied with all obligations and conditions of Note #1, Note #2, Note #3, Note #4, and Note #5. WHEREFORE, Dickinson demands judgment against Student in the amount of$15,640.41 plus interest accruing al $2.07 per day, attorney and collection fees in the amount of$2,136.00 and costs of suit. COUNT II BREACH OF CONTRACT Dickinson ColIeee v. Deborah Lambros 18, Plaintiff hereby incorporates by reference the avennents contained in Paragraphs 1 through 17 of this Complaint. 19. On or about April 4, 2000, Grandparent entered into a Promissory Note (Note #5) with Dickinson for the financing of $3,740,00, plus interest, for educational services and benefits at Dickinson for Student. A copy of Note #5 is attached hereto as Exhibit "E," 20. Note #5 grants Dickinson reasonable attorney and collection fees which Dickinson has calculated to be $561.00, 21. As of February 13, 2004, the outstanding balance due and payable by Grandparent to Dickinson was $4,379,06, plus interest accruing thereafter at $0,51 per day, attorney and collection fees in the amount of $561.00 and costs of suit. 22, Grandparent breached the expressed and implied obligations, conditions and tenns of agreement of Note #5 by failing to pay the amount financed therein, 23, Dickinson fulfilled, perfonned and complied with all obligations and conditions of Note #5 and fulfilled, perfonned and complied with all obligations and conditions of the Account WHEREFORE, Dickinson demands judgment against Grandmother in the amount of $4,379,06 plus interest accruing at $0.51 per day, attorney and collection fees in the amount of $516.00 and costs of suit. COUNT III IN QUANTUM MERUIT Dickinson Colle~e v. Stephen W. Lambros In the alternative, ifthis Honorable Court should determine that an express contract between Dickinson and Student does not exist, which is denied, Dickinson pleads the following: 24, Paragraphs I through 23 are incorporated herein by reference as if set forth in full, 25, Because Dickinson loaned money to Student, to the benefit of Student, Student became liable to Dickinson for said money, 26, Student was unjustly enriched by accepting said money without paying Dickinson reasonable compensation therefor. 27, As of February 13, 2004, the total amount by which Student became enriched was $15,640.41 plus interest accruing thereafter at $2,07 per day. 28, Dickinson demanded payment of the above sums but Student failed and refused to do so, WHEREFORE, Dickinson demands judgment against Student in the amount of$15,640.41 plus interest accruing at $2.07 per day, attorney and collection fees in the amount of $2,136,00 and costs of suit. Date: February 20, 2004 By David R. Galloway 1. D, Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff VERIFICATION I, THOMAS MEYER, Assistant Treasurer of Dickinson College, acknowledge that I have the authority to execute this Verification on behalf of Dickinson College and certify that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of this Complaint is that of counsel and not my own, I have read the document and to the extent that this Complaint is based upon information which I have given to my counsel, it is lrue and correct and to the best of my knowledge, information and belief, To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of l8 Pa, C,S, 9 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties, Dickinson College /Z..---. Thomas Meyer Assistant Treasurer of Dickinson College Dated: F:\FILES\DA TAFILE\DickiI1son College 7619\DickinsonCont':geColJections7619C\CUlTeJlt\29-coml.wpd RECEIVEL FEB 18 2004 ""Dwr CERTIFICATE OF SERVICE I, Martha-Anne Iben, an authorized agent of Martson DeardorffWilJiams & Otto, hereby certify that a copy of the foregoing Complaint was served this date by depositing same in the Post Office at Carlisle, P A, Certified Mail/Restricted Delivery, postage prepaid, addressed as follows: Mr. Stephen W. Lambros 446 W. Mission #325 San Marcos, CA 92069 VIA SHERIFF SERVICE: Ms, Deborah Lambros III Montieth Avenue West Lawn, P A 19609 MARTS ON DEARDORFF WILLIAMS & OTTO BYVjf~~~ Martha-Anne Iben Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: February 20, 2004 -:~ *' --...... ~ .... ~ ~ ~"l. '~ "'" ~. ----, "-.) (.'X) .< (.' \ ~ (Jr U'l' " v, ,. --c:, '" ...... 'Ss (::7 <- ,'::,... ''-.. -4--.' \) (-'1 \/) '-_ ol r--) r:.-'-'-~ ~; I) "'i1 .... -c' -T1 fTl r-:~ T;:-.::::c ,.. ,J ~ U r-,) CJ r:'~ r 0"\ .c.:.. .~. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-00778 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS LAMBROS DEBORAH ET AL R, Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law. says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: LAMBROS DEBORAH but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of BERKS County, Pennsylvania, to serve the within COMPLAINT & NOTICE On March 23rd , 2004 , this office was in receipt of the attached return from BERKS Sheriff's Costs: Docketing Out of County Surcharge Dep Berks County 18.00 9.00 10.00 32,25 .00 69.25 03/23/2004 MDW&O So answerj;l.;' -;:::c<..~-''':./ <,,~-p:5 :::::::':'.~::-~"-" - ~~~-"~~._..."_..-.--- .:~--.~~~ R( Thomas Kline / Sheriff of Cumberland County Sworn and subscribed to before me this .1.'/~ day of ~ ~'f A.D. () ,~~ (). htJ1--<-,. '+~ '---fi't Prothonotary , In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College VS. Deborah Lambros et al SERVE: Deborah Lambros No. 04-778 civil Now, February 24, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Berks County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~{"J/ . ~;;;' r >~~<"'f-"i?~~ Sheriff of Cumberland County, P A Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof, So answers, Sheriff of County, PA Sworn and subscribed before me this_day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ ~0i_~'C~1Y'IN<?~ !:3 'f: E- g 0.: Z - , n ~''^ ~ . I>j ~ " ',f 4' s :.S:9:t.9 SHERIFF OF BERKS COUNTY 633 Court Street, Reading, PA 19601 Phone: 610-478.6240 Main Fax: 610-478-6222 Sheriff Fax: 610-478-6072 Barry Jozwiak, Sheriff Eric J, Weaknecht, Chief Deputy AFFIDAVIT OF SERVICE DOCKETNo. 04.778 COMMONWEALTH OF PENNSYL VANIA: COUNTY OF BERKS Personally appeared before me, JOSEPH SNELL, Deputy for Bany J. Jozwiak, Sheriff of Berks County, 633 Court Street, Reading, Pennsylvania, who being duly sworn according to law, deposes and says that on MARCH 4,2004 at 5:50 PM, he served the annexed COMPLAINT IN CIVIL ACTION upon DEBORAH LAMBROS, within named defendant, by handing a copy thereof to HER PERSONALLY, at III MONTIETH AVENUE, WEST LAWN, SPRING TOWNSHIP, Berks County, Pa., and made known to defendant the contents thereof. "_' \ \ . 0 DEP~B~O.,PA d subscribed before me day of MARCH, 2004 CO.,PA Service made as set forth above. NOT ARJAL SEAL Tammy Rodriguez, Notary Public Reading, Berks County My commission expires Oclober 6, 2007 40 Answers, II ~ y (4J SHERIFF OF BERKS COUNTY, P A Sheriff's Costs in Above Proceedings $ 75.00 DEPOSIT $ 32.25 ACTUAL COST OF CASE $ 42.75 AMOUNT OF REFUND All Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any part liable for the costs thereof, all unpaid sheriff's fees on the same before he shall be obligated by law to make retwn thereof. _Sec. 2, Act of June 20,1911, P.U !O72 F,\FiLES\DA T AFlLE\Dickinson College 7619\Dickinsol1CollegeCoUections1619C\Current\29, stipJdrg Created: 1\/13102 \1:27:29 PM Revised,03/IS/040\.S2,32PM 16\9c.29 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 04-778 CNIL ACTION-LAW DEBORAH LAMBROS and STEPHEN W, LAMBROS, Defendants JURY TRIAL OF TWELVE DEMANDED STIPULATION AND AGREEMENT FOR ENTRY OF JUDGMENT AND NOW, comes Plaintiff, DICKINSON COLLEGE, by and through its attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, and Defendant, Stephen W, Lambros, who stipulate and agree as follows: 1. Pa, R,C,P, 1037(c) provides that in all cases, the Court, on motion of a party, may enter an appropriate judgment against a party upon admission, 2, Defendant, Stephen W, Lambros, agrees and admits that Judgment should be entered against him in favor of Plaintiff in the amount of$17, 786.10, plus costs of suit and interest accruing from date of Judgment as per the terms of the Notes attached to the Complaint. 3. The parties agree that the Court, upon motion of Plaintiff, may enter Judgment pursuant to this Stipulation without issuance of a Rule to Show Cause, and without further proceedings or notice, I ~ By.. . Stephen , Lambros 446 West Mission Road San Marcos, CA 92069 By David R, Galloway, ire Martson Deardorff Williams & Otto Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Pro Se Defendant Attorney for Plaintiff Date: ~ J I \' l 0 ~ Date: y- j. 0 r CERTIFICATE OF SERVICE I, Jean M, Taylor, an authorized agent of Marts on Deardorff Williams & Otto, hereby certify that a copy of the foregoing Order was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mr, Stephen W, Lambros 446 West Mission Road San Marcos, CA 92069 Ms, Deborah Lambros 111 Montieth Avenue West Lawn, P A 19609 MARTSON DEARDORFF 7- OTTO B T',l lcr:;: Te ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 7, 2004 Q "-' 0 c:? '0. <=;::..::. .." '- .... .. :.1:,1 ;~--:: rllF -;-;.n -.J [.,~~ """rj -'"J -. -~j .... C) ;"(1 GO :...,. " .;:- ", F:IFlLES\DA T AFILE\Dickinson College 7619\DickinscmCQllegeCollections7619CICulTent\29 ,ord1 Created: 7/61044:12PM Revised: 7n104 1:59PM 7619C29 JUl 0 8 2004 f{ 0 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 04-778 CIVIL ACTION-LAW DEBORAH LAMBROS and STEPHEN W, LAMBROS, Defendants JURY TRIAL OF TWELVE DEMANDED tL AND NOW, this IS day of ORDER :a v (I ' 2004, upon consideration of the attached Stipulation, judgment is hereby entered in favor of Plaintiff, Dickinson College, against Defendant, Stephen W. Lambros, in the amount of$17 ,786,10 plus costs of suit and interest accruing from date of Judgment as per the terms of the Notes attached to the Complaint. Prothonotary is directed to enter and index this judgment accordingly, BYTH?k~o4 , , J, for Plaintiff: David R. Galloway, Esquire Ten East High Street Carlisle, PA 17013 c....r, O-l<.<.&...... - ~ t'l 1. /.s- 0'1 Pro Se Defendant: Stephen W, Lambros 446 West Mission Road San Marcos, CA 92069 .-<'..,..t..<4 ~ 1. J~. c:>'f Pro Se Defendant: Deborah Lambros III Montieth Avenue West Lawn, PA 19609 G- l.? :! 1;0 t.", ';'1 I;I1J. 7 Ii; '" _'r- . ~ F,IFfLESIDA T AFILE\DickinsonCollegc7619\Collections\ClIn'cm\19\pru 1 Created 7/6/o44,12PM Revised: 3/29106 11 24AM 7619C29 Christopher E, Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD, 90916 10 East High Street Carlisle, P A 17013 (717) 243.3341 Attorneys for Plaintiffs DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 04-778 CIVIL ACTION-LAW DEBORAH LAMBROS and STEPHEN W. LAMBROS, Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO SETTLE. DISCONTINUE AND END Plaintiffrequests the above.captioned matter be marked settled, discontinued and ended. MARTSON DEARDORFF WILLIAMS & OTTO ByUj,r~ ? ~ Christopher E. Rice, Esquire 10 East High Street Carlisle, P A 17013 (717) 243-3341 Date: March 29, 2006 Attorneys for Plaintiff . . CERTIFICATE OF SERVICE !, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certifY that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mr. Stephen W. Lambros 823 Maywood Street Escondido, CA 92027 MARTS ON DEARDORFF WILLIAMS & OTTO ricia D, Eckenroad Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: March 29, 2006 o ~i::l -'~ f'..,) ,-', "~ C) i.....,